STATE v. THOMPSON

No. 5D02-2546.

844 So.2d 814 (2003)

STATE of Florida, Appellant, v. David Wayne THOMPSON, Appellee.

District Court of Appeal of Florida, Fifth District.

May 16, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James R. Evans, of Evans and Alexander, Daytona Beach, for Appellee.


TORPY, J.

State challenges a downward departure sentence. We conclude that the trial court improperly departed and, therefore, reverse the sentence and remand for resentencing.

In August of 2000, Appellee was involved in a traffic accident. A dispute with police who were investigating the incident culminated in his arrest and conviction for battery on a law enforcement officer. Appellee was placed on two years' probation in March of 2001.

On November...

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